Lennox v. Miller, No. 19-1675 (2d Cir. 2020)
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Plaintiff filed suit against Officers Miller and Clarke for using excessive force and failing to intervene during her arrest. Plaintiff's claims arose from an encounter with her ex-boyfriend and a group of teenagers.
The Second Circuit affirmed the district court's denial of summary judgment as to Clarke where a reasonable jury could find that plaintiff was not physically resisting arrest before she was brought to the ground, and that Clarke used unreasonable force on an individual who was not resisting arrest and who was secured in such a manner that she posed no threat to public safety. Furthermore, it was clearly established at the time that it is impermissible to use significant force against a restrained arrestee who is not actively resisting. The court reversed the district court's denial of summary judgment as to Miller and held that, even assuming that Miller observed Clarke's use of force, there is no evidence in the record that would suggest he had a realistic opportunity to intervene that he then disregarded. Nor is there any clearly established law that would require Miller to abandon his crowd control duties and intervene to stop Clarke's use of force. Accordingly, the court remanded for further proceedings.
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